Criminal Law and Procedure Flashcards

In Minnesota, a criminal defendant's right to a speedy trial under Rule 11 of the Minnesota Rules of Criminal Procedure for a felony generally requires trial within:

Answer: 90 days of demand

Under Minn. R. Crim. P. 11.10, a felony defendant who demands a speedy trial is entitled to trial within 60 days of the demand.

Under Minnesota law, the crime of criminal sexual conduct in the first degree generally requires:

Answer: Sexual penetration with use of force or coercion or victim incapacitation

Minn. Stat. § 609.342 defines first-degree criminal sexual conduct as sexual penetration accompanied by force, coercion, or victim incapacity, among other circumstances.

Under Minnesota law, which statement accurately describes the doctrine of transferred intent?

Answer: If a defendant intends to harm Person A but harms Person B, the intent transfers to the actual victim

Minnesota recognizes transferred intent: if a defendant intends harm to one person but actually harms another, the intent transfers to the unintended victim.

Under the Minnesota Rules of Criminal Procedure, when must a defendant enter a plea?

Answer: At arraignment

Under Minn. R. Crim. P. 14, pleas are entered at arraignment, which follows the omnibus hearing in felony cases.

In Minnesota, the entrapment defense succeeds when:

Answer: Government agents induced the defendant to commit a crime the defendant was not predisposed to commit

Minnesota uses a subjective entrapment test focusing on whether government inducement caused an otherwise unwilling, non-predisposed defendant to commit the offense.

Under Minnesota law, a search incident to lawful arrest:

Answer: Permits a search of the person and area within immediate control

Minnesota follows federal doctrine allowing a warrantless search of the arrested person and the area within their immediate reach to preserve officer safety and prevent destruction of evidence.